Murphy Survival Action Lawyer

Survival Action Versus Wrongful Death Claim

A survival claim compensates the estate of the deceased individual for the losses suffered prior to the person’s untimely demise, typically with assistance from a Murphy attorney. These claims are based on the damages the deceased loved one would have requested if they survived the fatal incident. Such claims subsequently include medical bills, lost wages, pain and suffering, and property damage costs. Damages are paid to the estate instead of surviving family members, which allows beneficiaries to receive compensation.

While Texas laws limit who can file wrongful death claims, survival claims allow for a larger variety of people to file. A wrongful death claim only allows the surviving spouse, parents, or children of the decadent to make claims, with siblings and cousins being exempt. A survival claim allows close family members to file, as well as named beneficiaries. For example, if the will of the deceased person lists a distinct cousin as the beneficiary, that individual can file a survival claim.

Notably, only one person makes a survival claim, which also separates it from a wrongful death case where multiple family members function as plaintiffs. If no will is in place and there are multiple heirs, those individuals must decide who among them will make the claim and represent their interests.